NC0036196_Regional Office Historical File Pre 2018 (2)

ROY COOPER
e•©1.,wr
MICHAEL S_. REGAN
LLNDA CULPEPPER
Inter On D'iroctoy
Certified Mail #7016 1370 0000 2596 1167
Return Receipt Requested
James Wentz
City of Newton.
PO Box 550
Newton, NC 28658
NORTH CAROLINA.
Environmental Quality
August 03, 2018
SUBJECT; Notice of Violation and Assessment of Civil Pen
for Violations of North Carolina General Statute (CJ.S_) '143-215.1.(a)(6)
and NPDES WW Permit No. NC00361.96
City of Newton.
Clark. Creek WWTP
Case No. EV-2018-0185
Catawba County
Dear Mr, Wentz:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 2,103.29 ($2,000.00 civil
penalty ± $10 3.29 enforcement costs) against City. of Newton.
This assessment. is based upon the following facts: a review has been conducted of the Disa.harge Monitoring Report.
(MAR) submitted by City of Newton for the month of February 201.8. This review has shown the subject facility to be in
violation of the discharge limitations ancUor monitoring requirements found in NPDES WVW Permit No. NC0036196. The
violations, which occurred in. February 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I. conclude as a matter of law that City of 'Newton violated the terms, conditions or
requirements of NPDES WW Permit No. NC0036196 and G.S. 143-21 .5.1(a)(6) in the manner and extent shown in
Attachment A. 1n accordance with the maximums established by US. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
1 43-215.1(a).
North Carolina Department of Enviaonmental Quaiity 4 Division of Water Resources
610 East Center Avenue, Suite 301, ooresva[8e, NC28115
704-663-1699

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Based upQ)ith44indiflysof fact and conclusions of law, and in accordance with authority provided by the
k,4p
Secretary of the eadrnent of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey
Basinger, Regional Supervisor,. Mooresville Regional Office hereby make the following civil penalty assessment against
City of Newton:
$1,500.00 1 of 1 violations of G,S, 143-215.1(a)(6) and Permit No, NC0036196, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average. for Solids, Total
Suspended - Concentration
$500.00 1 of 1 violations of G,S. 143-215:1(a)(6) and Permit No. NC0036196, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Solids,_ Total Suspended
- Concentration
$1000,00 TOTAL CIVIL PENALT
$103,29 Enforcement Costs
$2,103 ,29 TOTAL AMOUNT DUE
Pursuant to (IS. 143-215.6A(c), in determining the amount. of the penalty I have taken into account the Findings o :Fact and
Conclusions of Law and the factors set forth at G.S. 1.43B-2821(b), whicli are:
() The degree and extent of harm to the natural resources of the State, to the public health, ar to private property
resulting frorn the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5,) Fhe amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) 1The prior record of the violator in complying or failing to comply With programs over which the Environrnental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
VVithin thirty (30) days of receipt of this notice, you must do one of the .following:
(1) Submit payment of the penalty, OR
(2) 'Submit a ‘vrittenrequest for remission, OR
(3) Submit a written request for an administrative hearing
Option, 1: Submit .payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
fortn„). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s):
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission. is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed, Requesting. remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute, Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below,
In determining w'hether a remission request will be approved, the following factors shall be considered;
(I.) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1.(b) was wrongfully
applied to the detriment of the petitioner;
(2), whether the violator promptly abated continuing environmentaldamage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request.. 'The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (('ommittee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that ,you. prepare a complete and
thorough statement in support ,of your request for remission..
in order to request remission,you must complete and submit the enclr.)sed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30Ldays of receipt of this
.1-e. The Division of Water Resources also requests that you complete and submit the enclosed. "Justification for
Remission Request"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina. 27699-1617

Option 3: File a :petition fur an
adminis
ative bearing with the Office of.Administrativ Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings, You must file the petition with
the Office of Administrative Hearings within thirty (30) d.ays of receipt of this notice. A petitionis considered filed
vvhen it is received in the Office of Administrative Hearings during normal office hours. The Office of .Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-.23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You_
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing_process.
Hie mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax [phone]
One (1) copy ofthe petition must also be served on DEQ as follows:
Nit William. F. Lane, General Counsel
Department of Environmental Quality
1601. Mail. Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) da.ys of receipt of this letter, as evidenced by an internal
date time received stamp (not a postmark), will result in this matter being referred to the Attorney Generals Office for
collection of the penalt), through a civil action. Please be advised that. a.dditional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Wes Bell with the Division of Water Resources staff of the -Mooresville Regional
Office at (704) 235-21.92 or via email at wes.belli4lcdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section.
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office Enforcement File (Laserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche)

JUSTIF!CATIIQN FOR REMISSION REOUEST
Case Number: IN-2018-0185
Assessed Party: City of Newton
Permit No.: NC0036196
County: Catawba
Amount Assessed: 1.7.! 103,29
Please use this form when requesting remission of this civil penalty; You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to :request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N,C.G.S. §. 143B-282,1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) MC or more of the civil penalty' assessment factors in NC.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptlyabated continuing environmental damage resulting from the violation(i.e,, explain the
steps that you took to correct the violation and prevent „future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e,, explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e„ exp
how payment of the civil penalty will pnwent youfrom per orming the activities necessary. to achieve
compliance),
EXP ANATION:

T1 s OF NORTH CAR( INA
"o1 r. 1. , t. F C 1T ' "I
IN THE r6A'I,..T'ER tF ASSESSMENT
CIVI 11. PENALTIES S G k .INST
tyof;
Clark C r e .. WWTP
PERMIT NO. NC0036196
I l v"ink h sed ei °il p n lti tr t ling 1C for viol,
l iN ision crf Water Resources dated August 03, 01 8, the undersigned, d
hereby waive the right to an administrative hearing in the ahoy -star. d ma
alleged in the assessment document. The undersigned further understands that
rn of this civil permit): must be submitted to the. Director of t1rc, l i Fis on
ceipt of the notice of assessment. No new evidence in support of a remiss
the receipt of the notice of assessment.
i l "I II iT t: I ' i ll .i NM :1 Ta t t_ l TY
WAIVERF RIGHTTf AN
ADM INS1 'RAT IV . G
STIPITLATION OF FACTS
CASE N:
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the
dayof .-._.r,...t..�
set fr
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tlse a seswrn nt docurr,ent of the
eck remission of the civil penalty, does
xes stipulate that the facts are as
all evidence presented in support of
of Water Resources within thirty (30) days
icrn request wilt he allowed alter (30) days

PERMIT: NC0036196
FACILITY: Clark Creek
LIMIT VIOLATIONS)
SAMPLE LOCATION: Outten 001 - Effluent
Violation Report
ate MenthlYr Parameter
ATTACHMENT A
City of Newton
CASE NUMBER: LV-2018-0185
REGION: Mooresville
COUNTY: Catawba
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
2/10/2018 2-2018- Solids. Total 5 X week mg/I 45 166 268/9 Weekly
Suspended - Average
Concentration Exceeded
$500 00
2128/2018 2-2018 Solids, Total 5 X week ringil 30 42,78 42,6 Monthly $1,500.00
Suspended - Average
Concentration Exceeded
------

ROY COOPER
Govern
MICHAEL S, REGAN
Secrem
LINDA CULPEPPER
lnrernn Direr JOT
Certified Mail #7016 1370 0000 2596 1099
Return Receipt Requested
July 5, 2018
James Wentz, Public Works ©irecto
City of Newton
PC Box 550
Newton, NC 28658
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: N©V-2018-LV-0478
Permit No. NC0036196
Clark Creek WWTP
Catawba County
Dear Mr. Wentz:
A review of the February 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit. Exceedance Viol tion(s):
Sample
Location Parameter
Date
Limit Reported
Value Value Type of Violation
001 Effluent Solids, Total Suspended - 22018.45 166 Weekly Average Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 2/28/2018 30
Concentration (C0530)
Monthly Average Exde
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars (s25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State cif North Car©ina 1 Env ronmental Quality ( Water R.esourees
61.0 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice, A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
Al4CC681AF27425.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Region& Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina Environmental Quality Water R.esources
610 East Center Avenue, Suite 31-„i1„. Mooresville, NC 28115
70,4-663- I 699

W. Corey Basinger, Rei ral Supervisor
rater Quality regional t peradon s Section
Moor
vine Regional Office
Division of dater Resources NCDEQ
duly 1, 2018
Subject. NOTICE 1 pTIO INTENT TO ASSESS CIVIL PENAi T91'
Tracking Number: NOV-2018-LV-0478
Per No. NC0036196
dark Creek R
Catawba County
Dear Mr. B In er.°
During the week of February R e e experienced heavy rain on several days. On the night of Fe t ruary
we had a secondary blow carcaught by a u9 night operators and corrected, Frowra Per it paused u
have an effluent ;solid reading of S0 m/I for the day, This caused us to be out for the week and the
month on the effluent suspended sines. (luring this time it was discovered that the tertiary filter
weren't working crop° 11 to tier, filter the solids before they reached th Chorine contact basin ar d
effluent out-fa,l. We are an the process raa~ havMg the filters cleaned, rotary agitators rebuilt and a
a avel and anthracite repjaced so that this will not happen again.

We have also worked with the operators on what to do in the event of a heavy rainfall as far as keeping
the secondaries from blowing out, how to better use our un-used aeration basins to help with the flow,
In the future I don't think that this will happen again, We were going through a transition from some of
our more seasoned employees retiring and the hiring and training of new operators, We are currently at
full staff and all of our operators are certified and trained on these things.
We haven't had this kind of NOV before and I ask the State for leniency with this occurrence, if you
need to talk to me about this NOV, please feel free to contact me.
yr
Eric Jones
City of Newton
WTP Superintendent
828-695-43'70- office
828-2V-4457 - cell
ejones@newtonnc: oe

DMR REVIEW` RECORD
Mooresville Regional Office
Facility Name: Clark Creek 4`WTP Permit Number: NC0036196
Report Period: February 2018
Prior Assessments: t) Enforcement Factor:
Outfall * duffel! Description VW'atertuady Name
001 Effluent to Clark Creek
ark Creek (Shooks Lake)
Waterbody
Classification
Monthly Average Limit Violations
Sample Location:
Violation
Outfall 001 - Eii9u
Date Parameter
2/28/2018 Solids, Total Suspended
Concentration
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
5 X week mgil 30 42.80 42,6
Action
ekly Average L, itnit Violations
Sampie Location: Outfail 001 - Effluent
Violation Unit of Limit Calculated % Over
Date Parameter Frequency Measure Value Value Lirnit
2/10/2018 Solids, Total Suspended - 5 X week mg/l 45 166 268,9
Concentration
Daily Limit Violations
Sample Loco
Violation
Date Parameter
Outfalt 001 E
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
Action
2d16/2018 Chlorine. Total (Residual
5 X week ugfl 28 45 60.7
No Action, BPJ
Other Violations/Staff Remarks:
Page 1 of 3

Supervisor Remarks:
p.
ed by:
ssisiant Regional
nperySign-off;
Regional Supervisor
Sign -off:
Page of 3

Prior 12-Morith Enforcement iliston
Permit Number: MC0036196 Report Period: Februar), 2(18
Monitoring Violation
sample Location:
Outtafl 001 - Effluent
Violation Report Violation
Date Period Parameter Type
NOD
NOV CPA
/131/2018 1-2018 Nitrogen Total 2 Frequency Violation NOV-2018-MV-0103
Concentration
1131/2018 1-2018 Phosphorus, Total as P) Frequency Violation NOV-2018-MV-0103
Concentragon
Page 3 of 3

Case Number: LV-2018-0185
DWR CIVIL PENALTY REMISSION FACTORS
Region: MRO County: Catawba
Assessed Entity: City of Newton Permit: NC0036196
Li (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
Z (b) Whether the violator promptly abated continuing environmental damage resulting from the violation,
(c) Whether the violation was inadvertent or a result of an accident;
LI (d) Whether the violator had been assessed civil penalties for any previous violations;
LI (e) Whether payment of the civil penalty will prevent payment for he remaining necessary remedial actions.
MRO staff has reviewed the subject request for remission. The permittee asserts that the TSS limit violations were
attributed to wastewater solids being lost out of the secondary clarifier due to elevated influent flows from recent
rainfall events; Once the operators noticed this issue, they immediately took corrective action by opening one of the
aeration basins (normally not in service) to serve as an equalization basin, The elevated influent flows and
wastewater solids also negatively impacted the tertiary sand filters which were later evaluated and determined that the
filter media needed replacement. The City Council approved the rehabilitation of the tertiary sand filters at a cost of
$69,600.00.
A review of the facility's compliance history, from February 2013 to January 2018, revealed the following violations:
NOV-2014-LV-0262 — fecal coliform weekly average violations (January 2014);
NOD-2014-LV-0079 — total residual chlorine daily maximum violation (March 2014),
Case #: LV-2015-0209 —fecal coliform weekly and monthly average violations (April 2015), $646.97 civil penalty
($500,00 civil penalty + $146.97 enforcement costs) was paid in full;
NOV-2018-MV-0103 — total phosphorus and total nitrogen monitoring violations (January 2018).
It is the opinion of this Office that the wastewater staff should have activated the off-line aeration basin (four total
aeration basins at >1 MG each with one basin normally in service) as an EQ Basin earlier to prevent the wastewater
solids from being washed out of the secondary clarifier. The effluent TSS result for this day was 830 mg/L. In
addition, the permittee also attributed the violations to the needed replacement of the filter media; however, the
effluent TSS results for the remaining sampling days for this month (fourteen total days) were all less than 10 mg/L
with eight of these days having effluent TSS results of <2.5 mg/L. It is the opinion of this Office that the facility was
not being properly operated and maintained during the time period of the violations and therefore, the remission
request be denied.
Regional Recommendation (Check One)
Request Denied Full Remission Partial Remission Li
oocuStgned by
p,74CC681AF27425
10/1/2018
Central Office Recommendation (Check One)
Request Denied Li Full Remission II
Partial Remission

Director's Decision (Check One)
)'
Request Denied Full irnisin
R rti i Re i si n A vent Rem
Linda Culpepper, interim Director to

DIVISION OF WATER RESOURCES - C1V PENALT ASSE ENT
Violator: City of Newton
Facility Name: Clark Creek WWTP
Permit Number: NC0036196
County: Catawba
Case Number: LV-2018-0185
ASSESSMENT FACTORS
1) The degree and extent of harnri to the natural resources of the State, to the public health, or to private
property resulting from the violation;
44,40€.4-4A4re, ore 7iX-d-6"ri
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--41.4041, 0*IA--11 "..49'040
2) The duration and gravity of the violation;
n ground or surface water quantity or quality or on air quality;
.4.4-44•0
Ads- -74stA. p...6.12.4
4) ThehostosI of rectifying the damage;
The nt of money saved by noncompliance;
6 better the violation was committed willfully or intentionally;
-, 4, 444 1417Ci °1°-
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission. has regulatory authority; and
NOV-2014-LV-0262 — Fecal Conform weekly average violation (January 2014);
NOD-2014-LV-0079 — Total Residual Chlorine daily maximum violation (March 2014);
Case tit: LV-2015-0209 — Fecal Conform (weekly and monthly) violations (April '2015);
NOV-2018-MV-0103 — Total Phosphorus and Total Nitrogen monitoring violations (January 2018).
8) The cost to the State of the enforcement procedures.
5103.29

Corey B i Ier, Regional SupM
Water Quality R w i nal Operations Sep
lV ooresville Regional Office
Division of Water Resources, 1\ 1)E
on